Legal Opinion

Montague Associates, Inc. v. Gallo Wine Distributors, Inc.

New York Supreme Court

Decided February 24, 1958PublishedCited by 1 opinion

1Opinion of the CourtEdward Gr. Baker, J.

Motion by defendants Feuerstadt, Taub and Grallo Wine Distributors, Inc., and motion by defendant Buchman, for an order pursuant to rule 106 of the Rules of Civil Practice, dismissing each of the three causes of action of the complaint for legal insufficiency; all said defendants except defendant Buchman also move in the alternative for an order granting relief pursuant to rules 90, 102 and 103 of the Rules of Civil Practice.

Plaintiff’s first cause of action seeks a recovery for damages based upon defendants’ alleged fraud, the plaintiff alleging that it was induced to enter into a lease with…

2Cases cited9 opinions

  1. Adams v. . GilligNew York Court of Appeals · 1910
  2. Ochs v. . WoodsNew York Court of Appeals · 1917
  3. Ritzwoller v. . LurieNew York Court of Appeals · 1919
  4. Schiefer v. FreygangAppellate Division of the Supreme Court of the State of New York · 1908
  5. Atlantic Gulf & Pacific Co. v. McIntosh & Seymour Corp.Appellate Division of the Supreme Court of the State of New York · 1926

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3Cited by1 opinion

  1. Cumberland Oil Corporation and Sugargrove, Ltd. v. James Thropp, Gregory Thropp, Arrowhead Gas Producers, Inc., and Southern Tier, Ltd.Court of Appeals for the Second Circuit · 1986

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